IfI get married do I need to change the title of the house to my married last name?

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IfI get married do I need to change the title of the house to my married last name?

Asked on September 16, 2011 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you get married and you change your current name to that of your spouse's, you do not really need to change the title of record to your home to that of your married name, although you can do so.

Title to the home would still be in your name albeit under a prior name that you had used.

In the event that you take a new name upon marriage and decide that you wish to change title to your home from your name prior to marriage to your new name post marriage you would do the following:

1. sign a grant deed from yourself holding title to the property under your maiden name to yourself holding title under your married name;

2. fill out a preliminary change of ownership report (PCOR) for the change from one name to another. The property will not be reassessed for tax purposes for this change;

3. record the grant deed in the county where your home is located.

Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no legal requirement to change the title of the house to your married last name. That said, it might be a good idea to do that...the reason is, if you "need" to show or transfer the title to your house (e.g., if and when you sell it), the last thing you want is for the transaction to be held up due to some difficulty in identifying you or proving who you are. Admittedly, that does not often happen; but if you are legally changing your last name and are going to consistently use that name going forward (e.g. you won't keep using your maiden name for business purposes), so that's going to be how everyone knows and identifies you, it may avoid any potential complications later by having the title be consistent with your legal name.


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